BAGDI RAM Vs. RAMESH CHAND

JUDGEMENT

(1.) This revision petition is directed against the order dated 03.12.2018 passed by the Civil Judge, Nimbahera, District -Chittorgarh ('the trial court'), whereby the application filed by the respondents for restoration of application under Order XXXIX, Rule 2A CPC, has been allowed.

(2.) The respondents had filed an application under Order XXXIX Rule 2A CPC alleging violation of temporary injunction granted by the trial court. During pendency of the proceedings, on 23.11.2016, when the matter was fixed for evidence of the respondents, neither they were present nor their counsel was present and as such the application filed under Order XXXIX, Rule 2A CPC was dismissed for non-prosecution.

(3.) Application was filed on 18.05.2017 seeking restoration of the proceedings with the submissions that as various cases between the parties were pending and in all the cases 23.11.2016 was fixed and the same were adjourned. However, qua the case filed under Order XXXIX, Rule 2A CPC, date in the matter was not taken by the counsel and as such for non-appearance of the counsel and the applicants, the application was dismissed. It was prayed that the same be restored.